The Permanent Forum welcomes the efforts of the Committee on the Elimination of Racial Discrimination to construe the International Convention on the Elimination of All Forms of Racial Discrimination, regarding indigenous persons, taking into account the provisions of the United Nations Declaration on the Rights of Indigenous Peoples. The Permanent Forum recommends that the Committee request relevant State parties to the Convention to prepare the sections relating to indigenous peoples in their reports on the implementation of the Convention in consultation and cooperation with indigenous peoples.
The Permanent Forum recommends that the Plurinational State of Bolivia should speed up implementation of the constitutional provisions regarding the freeing of individuals, families and communities in the light of the fact that forced labour and servitude are serious human rights violations that must be addressed with great urgency.
The Permanent Forum recommends that the Working Group on Indigenous Populations include, at its twenty-fifth session in 2007, under its standard-setting mandate, the development of the principle of free, prior and informed consent of indigenous peoples.
The Permanent Forum reaffirms and reiterates that self-determination, free, prior and informed consent and accountability form the basis of, and prerequisite for, any relationship that can be called a true partnership for development, and urges all States, indigenous peoples, United Nations bodies, international development agencies, corporations and the private sector, as well as civil society, to uphold these vital principles.
Taking into account the challenges faced by States in the implementation of their international obligation to consult with and obtain the free, prior and informed consent of indigenous peoples, the Permanent Forum commits itself to developing an international guide to facilitate the implementation of these principles in accordance with the standards established in the United Nations Declaration. The Forum invites the Expert Mechanism on the Rights of Indigenous Peoples and the Special Rapporteur on the rights of indigenous peoples to collaborate on this initiative.
The Permanent Forum takes note of the upcoming World Congress of Protected Areas, to be held in Barcelona in October 2008. The Forum reiterates its recommendation to the 2003 World Congress of Protected Areas. The Forum requests that the United Nations Declaration on the Rights of Indigenous Peoples be duly considered in the deliberations and results of the World Congress on Protected Areas, and that its participating organizations address the issues of restitution and free, prior and informed consent of indigenous peoples for conservation activities affecting indigenous lands and territories, sacred sites and indigenous peoples’ conservation activities.
The Permanent Forum urges States to promote and protect the rights of indigenous women and men working as journalists, communicators and as human rights defenders in accordance with international human rights law, in particular in accordance with article 16 of the Declaration, which calls for the full freedom of expression of indigenous peoples.
The Permanent Forum requests that UNICEF design, in partnership with other relevant United Nations agencies, a protocol for emergency situations resulting from natural disasters to ensure that, in cases of emergency, there are no violations of the human rights of indigenous peoples, especially indigenous youth, children and women, owing to forced relocation.
The Permanent Forum welcomes the fact that the principles and rules contained in the United Nations Declaration on the Rights of Indigenous Peoples have been integrated into the new constitution of the Plurinational State of Bolivia, which was ratified in a referendum held on 25 January 2009.
The Permanent Forum recommends that, during its June 2010 session, the Committee on the Application of Standards of the International Labour Conference follow up on the serious situations of violations of ILO Convention C169 mentioned in the relevant previous observations of the Committee of Experts on the Application of Conventions and Recommendations, as well as its own 2009 conclusions regarding the implementation of the Convention.
The Permanent Forum urges the international community to support the peace process in Mali and establish an independent monitoring committee that, in accordance with articles 7 and 37 of the United Nations Declaration, would oversee the implementation of the peace agreement of 20 June 2015, with the effective and representative participation of the Tuareg peoples.
The Permanent Forum regrets the very high incarceration rates of indigenous peoples globally, which contributes to poor health, poverty and untimely death, including in indigenous families and communities. States are reminded of their obligations under the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and should therefore address this issue urgently by reducing the incarceration and eliminating the cruel, inhuman and degrading treatment or punishment of indigenous peoples by justice systems.